re: 5 Key Facts About Patent Reform Act
Let me see if I understand this "first to file" change. With the new legislation, what happens if company ABCD invents a product "Little Gadget" and they file for a patent on "Little Gadget" with their single, busy attorney and bring their product to market with "patent pending" on it and company XYZ notices "Little Gadget" doesn't have a patent and the paperwork hasn't been filed with the patent office yet, then has their team of dedicated IP attorneys file for a patent on "Little Gadget" first? With the previous legislation it was pretty clear that company ABCD would be awarded the patent, but with the new legislation it seems like company XYZ will win the patent and company ABCD will be wide open for litigation.
I don't see how this reform bill helps American inventors. Instead it seems to help the patent trolls. Maybe I'm missing something.